| South Carolina Supreme Court Hears Cancer Treatment Dispute |
Elizabeth Williamson |
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Thursday,
October 08, 2009 - The South Carolina Supreme Court heard oral arguments in the case of Spartanburg Regional Medical Center versus Cancer Centers of the Carolinas today. The cross-appeal case involves a proposed Certificate of Need for a linear accelerator radiation therapy device at the Spartanburg office of Cancer Centers of the Carolinas and for Spartanburg Regional Medical Center in Gaffney. In February of 2009, the Supreme Court of South Carolina accepted the case for review rather than have it go to the Court of Appeals, where it was in line for hearing. The legal dispute over the two Certificates of Need for Spartanburg Regional Medical Center in Gaffney and Cancer Centers of the Carolinas began in 2002.
Jeffery Edenfield, M.D., medical oncologist and spokesperson for Cancer Centers of the Carolinas, said, “We have long been ready to stop all of these legal proceedings and focus on what we do best – treating cancer patients. We are encouraged that the Supreme Court took an interest in this case and hope that the decision will be favorable for our patients. Our goal is, and always has been, to offer comprehensive cancer care to our patients in and around Spartanburg County. Chemotherapy and radiation therapy are difficult enough without making the patient drive to one office for one treatment and across town for another treatment. Our hope is that the Supreme Court will uphold the Administrative Law Court’s decision, the Department of Health and Environmental Control (DHEC) Board’s decision and Circuit Court’s decision to grant Cancer Centers of the Carolinas our linear accelerator so that we can administer the comprehensive care our cancer patients need and deserve.”
Raymon E. Lark Jr., Vice President and attorney with Austin and Rogers, PA in Columbia and counsel for Cancer Centers of the Carolinas stated, “We are delighted that the Supreme Court has decided to take this case. We believe that comprehensive cancer care is an important public matter and hope that the Supreme Court’s decision to bypass the Court of Appeals will result in a swift resolution that will benefit cancer patients.”
Lewis Smoak, managing partner in the Greenville office of Ogletree Deakins and co-counsel for Cancer Centers of the Carolinas, stated, “When Judge Ernest Kinard ruled in favor of granting Cancer Centers of the Carolinas a Certificate of Need in January 2008, he included in his decision several specific reasons for issuing the CON. He cited that there is a documented need for the additional radiation therapy service in Spartanburg County and that the Cancer Centers of the Carolinas CON would ensure availability of service to more medically underserved people. If the Supreme Court upholds Judge Kinard’s decision approving Cancer Centers of the Carolinas’ project, this will be good news for CCC’s cancer patients.”
Cancer Centers of the Carolinas initially applied for a Certificate of Need for a linear accelerator in its Spartanburg office in 2002.
In 2005, Administrative Law Court Judge Caroline Matthews determined that there is sufficient need in Spartanburg and the surrounding counties to warrant a linear accelerator at Cancer Centers of the Carolinas’ Spartanburg office. Judge Matthews also awarded a Certificate of Need to Spartanburg Regional Medical Center for its request for a linear accelerator in Gaffney. Spartanburg Regional Medical Center and Cancer Centers of the Carolinas appealed Judge Matthews’ ruling to the Board of DHEC.
In 2006, DHEC upheld Matthews’ ruling. Spartanburg Regional Medical Center and Cancer Centers of the Carolinas then appealed the DHEC decision to the Circuit Court.
In January 2008, Circuit Court Judge Kinard upheld the Administrative Law and DHEC Board rulings that both Cancer Centers of the Carolinas and Spartanburg Regional Medical Center should receive Certificates of Need in Spartanburg and Gaffney, respectively. Spartanburg Regional Medical Center responded by appealing the Circuit Court ruling to the South Carolina Court of Appeals, and Cancer Centers of the Carolinas also appealed.
In February 2009, the Supreme Court of South Carolina decided that it would hear the case.
About Cancer Centers of the Carolinas
Serving Upstate communities for more than three decades, Cancer Centers of the Carolinas (CCC) is a community-based, physician-owned practice with 26 board-certified oncologists practicing in multiple locations across the Upstate of South Carolina. CCC is the Upstate's largest cancer care group treating over 6,000 new patients annually. CCC specializes in medical oncology, radiation oncology, gynecologic oncology, hematology, blood and marrow transplantation and clinical research. CCC is a National Cancer Institute grant recipient and is home to South Carolina's first FACT accredited Stem Cell Transplant Program. For more information on Cancer Centers of the Carolinas, visit www.cancercarolinas.com.
United in Healing with US Oncology
Cancer Centers of the Carolinas is United in Healing with US Oncology, which supports the nation’s foremost cancer treatment and research network advancing the quality of cancer care in America. With more than 1,211 physicians at 456 locations in 39 states, the US Oncology network and Cancer Centers of the Carolinas provide cancer patients with access to the latest developments in therapies, technology and clinical research, as well as best-in-class practices to improve the patient experience. For more information, visit www.unitedinhealing.com, or visit the company’s Web site, www.usoncology.com.
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